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Judgment
9 paragraphs · 343 wordsSavitri Ratho, J
TRP (C) No.311 of 2022 & I.A. No.352 of 2022
This application has been filed by the petitioner-wife under Section 24 of C.P.C. for transfer of Civil Proceeding No.129 of 2022 filed by the opposite party-husband under Section-9 of the Hindu Marriage Act in the Court of learned Judge, Family Court, Rourkela, to the Court of learned Judge Family Court, Cuttack.
Ordinarily, this Court is reluctant to entertain applications for transfer of proceedings under Section-9 of the Hindu Marriage Act in view of the nature of the proceeding and instead issues directions for mitigating the inconvenience which is likely to be faced by the petitioner-wife, but in the present case, the petitioner had filed D.V. Misc. Case No.261 of 2019 in the Court of the learned S.D.J.M., Cuttack where the opposite party has appeared and contested the case and interim order of payment of maintenance has been passed which has been challenged by him in the Court of learned District and Sessions Judge, Cuttack in CRLA No.55 of 2021 and the petitioner has filed D.V. Exe No.64 of 2022 for payment of interim maintenance which is pending before the learned J.M.F.C. (City), Cuttack. The opposite party has filed C.P. No.129 of 2022 with intention to harass the petitioner. She is residing with her minor son in Cuttack with her mother, which is more than 500 K.Ms from Rourkela. It would therefore be inconvenient for the petitioner to travel to Rourkela to contest the case.
Considering the above submissions, issue notice to the opposite party in the TRP (C) as well as in the I.A. through Registered/Speed post with A.D., returnable within four weeks, requisites for which shall be filed by 30.09.2022. One set of process fee shall be accepted.
List this matter on 15.11.2022.
In the interim, further proceeding in Civil Proceeding No.129 of 2022 pending in the Court of learned Judge, Family Court, Rourkela shall remain stayed till the next date.
Urgent certified copy of this order be granted as per rules.
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